Asylum
The following information is also available
as a leaflet that can be downloaded.
Who qualifies for asylum?
You can either qualify under the United Nations 1951 Refugee Convention or under the European Convention on Human Rights.
You will qualify for asylum if you are a refugee as described in the Refugee Convention. A refugee is someone who cannot live in their country of origin because of a well-founded fear of persecution for race, religion, nationality, membership of a particular social group, or political opinion.
The Refugee Convention prevents you being returned to a country until it can be shown that there is little or no risk of persecution.
Under the Human Rights Convention, you are protected against torture or inhuman or degrading treatment. The UK Government cannot send you back to a country where you would face such a risk and you would normally be granted “humanitarian protection”.
How do I apply for asylum?
You must claim either:
- To the immigration officer on duty at the air or sea port when you first arrive, or
- At the Home Office Asylum Screening Units in Croydon or Liverpool if you are already in the UK.
You should apply at the earliest opportunity to prevent the authorities doubting the reasons for your application.
If you are already in the UK lawfully, you should apply as soon as you become aware of a reason to fear persecution if you returned to your country.
Will I be detained?
Most asylum seekers who apply as soon as they arrive are not detained. They are granted temporary admission to the UK instead.
However, if you apply subsequently and you do not already have permission to stay in the UK you may be detained.
If you are detained you are entitled to an explanation in writing of the reasons for your detention and you are also entitled to regular notices explaining why you should remain in detention.
If you applied at your arrival but were not granted temporary admission, you will be detained but you can apply for bail after seven days.
What happens during my application?
Different procedures are used in different situations. In most cases the first step would be the Screening Interview. This is an opportunity for the Home Office to get your personal information and details of how you came to the UK. If you came through a safe third country you may be returned there to apply for asylum.
This is a basic interview and you will not be expected to give details of your claim.
You can insist that you be allowed to contact your legal representative or family and friends before the screening interview.
If you are being detained you will be advised at this interview. You may then be processed through the fast-track procedure during which claims are usually decided within a few days.
After the Screening Interview your photograph and fingerprints will be taken by the Immigration officers and you will be given the Asylum Registration Card (ARC). The will usually be your only proof of identity, as the authorities will retain the other documents you brought with you. You will be told to report to the Immigration Office in the subsequent days to meet the official dealing with your case (the case owner).
You will also be told when to come back for your full Asylum Interview. At this meeting you can provide all the details of why you fear to return to your country and why you should be allowed to stay in the UK.
I don’t speak English, what do I do?
The Immigration Authorities will provide you with an interpreter for any interview they carry out with you. Your Legal Representative would also arrange an interpreter for any meeting with you. If you don’t understand the interpreter well enough you must say so immediately.
What support am I entitled to?
During your application you may be entitled to support from the National Asylum Support Service (NASS) and children applying on their own are entitled to support from local councils.
You may be entitled to free medical care and there may be English language classes and some other further education courses available.
You are not allowed to work during your application unless you have to wait for more than a year before your case is decided.
What happens if my claim is successful?
You will be granted one of the following three types of status: - Asylum, Humanitarian Protection or Discretionary Leave. Under the first two types you will be given “leave to remain” for five years, after which time if the threat persists you can apply for “indefinite leave to remain”. Discretionary leave is granted where it would be unfair to make you leave the country for some other reason and usually lasts between a few months and three years at a time.
What happens if my claim fails?
In almost all cases you will have the opportunity to appeal. You must take advice very quickly however as there are often time limits in which appeals have to be submitted. Your representative will advise you on whether you can obtain public funding for the appeal.
What happens if my appeals fail?
There may be further appeal rights to the Asylum and Immigration Tribunal or to the High Court. Once your appeals are exhausted or if you do not appeal further you will be expected to leave the UK and if you do not, the authorities may try to remove you forcibly.
What help is available?
If you do not have enough money to pay for legal advice, you may be entitled to public funding (Legal Aid) from the Legal Services Commission.
We have a contract to provide free legal aid in Immigration and Asylum cases.